How To: Top Three Things That Anger Prosecutors

Yes. Prosecutors have the authority to amend or increase charges if new evidence comes to light after an arrest, especially during the formal charging phase. Sometimes what begins as a misdemeanor can be reclassified as a felony. Our firm acts quickly to get involved during the early investigation or pre-filing stage to challenge flawed assumptions, provide mitigating facts, and prevent unnecessary charge enhancements.

In some situations, a case can trigger both state and federal jurisdiction—especially in crimes involving drugs, firearms, or fraud. These cases can involve cooperation between prosecutors across agencies, potentially exposing a defendant to harsher federal penalties. We analyze the jurisdictional strategy and fight to keep the case in the court system most favorable to your defense, sometimes even resolving one case in a way that benefits the other.

Yes, this is known as a pre-filing diversion or pre-charge negotiation, and it’s one of the best opportunities to reduce or avoid charges. Prosecutors may agree not to file charges in exchange for counseling, restitution, or community service. Our firm regularly engages with prosecutors early to present exculpatory evidence, mitigating circumstances, and propose alternative resolutions before formal charges are ever filed.

Not always—but they’re more likely to do so if a defendant is rearrested, fails to appear in court, or is perceived as uncooperative. Some prosecutors start with a harsh offer to test the defense’s strength or push for a quick plea. We work to humanize our clients, present strong legal arguments, and challenge the assumptions that fuel overly aggressive plea offers.

In many cases, yes. If your case ends in a dismissal, acquittal, or certain non-conviction resolutions like diversion, you may qualify for expungement or sealing. We guide clients from the outset on how to resolve their cases in ways that protect their long-term criminal record and reputation.

While victims can express a desire not to prosecute, the final decision rests with the State Attorney’s Office. In some cases, the prosecutor may proceed anyway, especially if there is independent evidence of guilt. Our approach is to use the victim’s position along with other evidentiary weaknesses to build a case for dismissal or a more favorable outcome.

Yes. Prosecutors can and often will revoke plea offers if the defendant violates pre-trial conditions, fails to appear, or picks up new charges. We stay in active communication with the prosecution to lock in plea agreements where possible and work to minimize damage when issues arise that could jeopardize an offer.

Absolutely. A lack of prior criminal history can open doors to diversion programs, reduced charges, or probation in lieu of jail time. However, prosecutors still weigh the facts of the current offense heavily. Our role is to ensure your clean record becomes a central point in negotiation and sentencing advocacy.

That depends on the type of offense. For misdemeanors, it could be as short as one year, while felonies often have statutes of limitations of several years—unless it’s a charge like murder, which has none. We carefully monitor filing deadlines and, when appropriate, seek dismissal of charges that fall outside the allowable timeframe.

Yes, particularly if the charges are related or arise from the same incident. This could either work to your benefit or against it depending on the prosecutor’s attitude. We strategically negotiate to consolidate charges into one resolution or leverage separate courtrooms and prosecutors when it helps achieve a better result.